Can the market supervision staff be legal persons of private pension institutions?

cannot

Municipalities (states) Civil Affairs Bureau, Market Supervision Bureau, Gui 'an New District Social Bureau, Market Supervision Bureau and Administrative Examination and Approval Bureau:

In order to implement the newly revised Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly, do a good job in the related work after the cancellation of the license for the establishment of old-age care institutions, deepen the reform of "simplifying administration, strengthening supervision and improving services" in old-age care services, optimize the business environment of old-age care services, improve the registration and filing management of old-age care institutions, and further promote the high-quality development of old-age care services in our province, relevant matters are hereby notified as follows:

First, the license for the establishment of pension institutions will no longer be implemented.

After the promulgation of the newly revised Law on the Protection of the Rights and Interests of the Elderly, civil affairs departments at all levels will no longer accept applications for the establishment of pension institutions. If the approval has not been completed before the date of publication, the approval shall be terminated and the application materials shall be returned.

People and explanations. Civil affairs departments at all levels shall not implement the license for the establishment of old-age care institutions or approve them in disguised form in other names. If the license for the establishment of an old-age care institution has been obtained and is still valid within the validity period, the license will not be renewed after the expiration of the validity period, and registration will be handled according to the procedures.

Second, do a good job in the legal person registration of old-age care institutions according to law.

(1) Where a private public welfare pension institution is to be established, the applicant shall, in accordance with the Provisional Regulations on the Administration of Registration of Private Non-enterprise Units and the principle of decentralization and territorial management, apply for registration as a private non-enterprise legal person to the municipal or county social organization registration administration organ where the pension institution is located, and the local civil affairs pension service department shall perform the specific duties of the competent business unit. The old-age service department shall take the initiative to provide policy consulting services for the organizers in their daily work, and inform the private public welfare old-age care institutions of the conditions and related processes.

(two) to set up a business pension institution, it shall register with the market supervision and management department. The registered name can be "nursing home", "nursing home", "nursing home" and "apartment for the elderly", and the business scope is uniformly approved as "institutional pension service". At the time of registration, the market supervision and management department shall inform the legal person of the old-age care institution to go to the municipal and county civil affairs departments for the record in time after registration.

(three) after the cancellation of the license for the establishment of pension institutions, civil affairs at all levels should strengthen the sharing of data and information with relevant departments; Strengthen communication with local streets (towns and villages), grasp the establishment and operation of old-age care institutions in a timely manner, and perform the duties of industry authorities according to law. It is necessary to improve the level of service facilitation, implement the "first inquiry responsibility system", optimize the registration process of old-age care institutions, and gradually realize online "one network handling", offline "only one door" and on-site "running at most once" to maximize the convenience of applicants.

Third, seriously carry out the work of old-age care institutions.

(a) the legal person of the old-age care institution can carry out service activities after registration, and shall file with the local civil affairs department of the city or county, provide true, accurate and complete filing information, and fill in the filing materials. The filing materials will serve as an important basis for the old-age care institutions to enjoy relevant government support policies and behavior ratings.

(two) the municipal and county departments in charge of aged civil servants are responsible for accepting the filing of old-age care institutions and undertaking specific work. When accepting the policy consultation of the organizer, it shall inform it of the filing requirements and provide samples of filing materials. The sponsor shall, within 10 working days after the registration is completed, apply to the local civil affairs pension service department for filing. After accepting the filing materials, the civil service department for the aged should check the filing materials on the spot, focusing on checking whether the filing information meets the relevant standards and norms for the aged care service. If the filing materials are complete and correct, it shall provide the filing receipt to the applicant, and inform the applicant in writing of the basic conditions for the operation of the old-age care institution, as well as the list of existing policies and measures to support the old-age care service in the region and the list of relevant standards for the old-age care institution; If the filing materials are incomplete, inform the applicant to complete the filing materials; If it does not meet the requirements, it shall notify the applicant in writing and explain the reasons.

(three) the local civil affairs pension service departments should take the initiative to inform the filing requirements after learning the registration information of the operating pension institutions within their respective jurisdictions. For the old-age care institutions that have not been filed within 30 days after registration, the local civil affairs departments should take the initiative to go to the door to provide on-site guidance and urge them to file as soon as possible.

(four) if the name, service place, legal representative and business scope of the old-age care institution change, it shall go through the formalities for filing and change in time. Medical institutions that increase institutional pension services shall go to the civil affairs department for the record. Before the expiration of the license for the establishment of an old-age care institution, if the filing matters of the old-age care institution change, the old-age care institution shall handle the filing in time and return the establishment license, which will automatically become invalid from the date of return.

Fourth, strengthen post-event supervision.

(a) all localities should, in accordance with the requirements of promoting simple administration and decentralization in the field of old-age care services, combining management with management and optimizing service reform, innovate the management methods of old-age care institutions, and establish and improve the comprehensive supervision mechanism of old-age care institutions. The civil affairs departments at the city and county levels are responsible for the guidance, supervision and management of the old-age care institutions within their respective jurisdictions. From the date of receiving the record of the old-age care institution, the civil affairs department where the old-age care institution is located will conduct daily supervision of the institution to ensure that the legitimate rights and interests of the elderly are not infringed.

(II) Civil affairs departments at all levels should actively perform their duties of industry management in accordance with the requirements of "who is in charge and who supervises", establish an inter-departmental joint supervision mechanism of "encouraging trustworthiness and punishing dishonesty" in conjunction with relevant departments, and regularly inform relevant functional departments of relevant information. Relevant departments should actively intervene in post-event supervision according to their duties after learning the registration information of the old-age care institutions. It is found in the supervision that the existence of pension institutions may endanger personal health and the safety of life and property. The civil affairs department should interview the person in charge of the institution at the first time, issue a rectification notice, and order it to make corrections within a time limit; If no correction is made within the time limit, it shall be ordered to suspend business for rectification. Found to belong to the construction, fire protection, food safety, medical services, special equipment safety hazards, the civil affairs department shall promptly report to the housing and urban construction, fire rescue, market supervision, health and other departments, and actively cooperate with the follow-up investigation. If the circumstances are serious, the registration authority shall be informed in time, and the registration authority shall give administrative punishment according to law until the registration certificate is revoked. Further improve the working mechanism of "double randomness and one openness", speed up the construction of social credit system in the field of aged care services, establish and improve the joint punishment mechanism for aged care services and the blacklist system for aged care services, and implement key supervision on blacklisted aged care institutions that have lost their trust.